Judicialization as a means of access to high-cost drugs, and its consequences

Abstract

The 1994 National Constitution incorporated the right to health. Before de 1994 reform, the right to life was not contemplated in the constitutional text. This implies that any person who perceives their right have been violated can file a writ of protection immediately, to stop it. Since 1994, treaties have acquired a supralegal character, in the sense that its place is below the Constitution, but above the laws and the rest of the domestic law. As a consequence, Argentina adheres to the Pact of San José de Costa Rica, which establishes in its Article 25 the right of individuals to appeals that protect them against any action that violates or hurts their fundamental rights, as recognized by the Constitution, the law or that same treaty. The purpose of this paper is to address the problem of access to high-priced benefits through judicialization in our country, with a brief commentary regarding the access policies of other countries, in order to reflect and learn about other alternatives that contribute to the sustainability of a health system.